Canmy insurance company withhold payment for my “totaled” motorcycle because I don’t have a motorcycle endorsement?

Recently while I was at work someone backed into my parked motorcycle causing it to be totaled. After filing a claim with his insurance company they informed me that they would not release the funds because I don’t have a motorcycle endorsement thus, “The bike shouldn’t have been there.”

Asked on July 20, 2010 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends entirely on the insurance policy. Review the terms of your (presumably automotive) insurance. What vehicles  are covered under it? Those vehicles, the insurer needs to pay for; but vehicles not on the insurance, it does not. Or if it's some other insurance you're looking to claim under (e.g. homeowners), again, check the policy. It's not uncommon for homeowner's insurance to require specific endorsements (and usually an increase in premiums) for either certain types of property or for property over a certain value. (Jewelery and high-end electronics often requires this). Insurance is a contract; the insurer must honor what's in the contract, but does not need to provide any coverage not in the policy. Good luck.

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